The enactment of criminal law, civil law, procedural law, economic law, labor law, marriage law and other laws cannot violate the Constitution.
Criminal law is a law that stipulates crime, criminal responsibility and punishment. It is a law that grasps the ruling order of political power and protects class political rule and economic interests. According to its class will, it is stipulated which acts are crimes, which should bear criminal responsibility, and what criminal punishment should be given to criminals. Criminal law is divided into broad criminal law and narrow criminal law. The broad criminal law is the general name of all criminal legal norms, and the narrow criminal law only refers to the criminal code. Namely the Criminal Code of People's Republic of China (PRC). Associated with broad criminal law and narrow criminal law, criminal law can also be divided into general criminal law and special criminal law. Ordinary criminal law refers to the criminal law with universal use effect, in fact, it refers to the criminal code. Special criminal law refers to the criminal law that only applies to a specific person, a specific time, a specific place and a specific event (crime). In China, it also refers to separate criminal law and subsidiary criminal law.
Civil law is the general name of legal norms that stipulate and adjust the property relations and personal relations between citizens, legal persons and other unincorporated organizations as equal subjects. It is an independent legal department in the national legal system and is closely related to people's lives. Civil law includes not only formal civil law (namely civil code), but also individual civil law and civil legal norms in other laws and regulations.
The procedural law department refers to the law that regulates litigation activities. It mainly includes criminal procedure law, civil procedure law and administrative procedure law.
In addition, the procedural law department also includes arbitration law, prison law, lawyer law and so on.
Procedural law refers to the general name of laws that stipulate litigation procedures and is the code of conduct that should be followed in litigation. Procedural law is a typical legal procedural law. There are three major procedural laws in China, namely, civil procedure law, criminal procedure law and administrative procedure law. In countries where the rule of law is relatively developed, in addition to the above three procedural laws, there are generally constitutional lawsuits. There is no constitutional litigation in China at present, so there is no procedural law to regulate the trial of unconstitutional cases. )
Economic law is the general name of legal norms that the state intervenes, manages and adjusts economic activities with social publicity from the overall situation of economic development. The concept of economic law is the primary problem in the study of economic law, and it is also the basic problem in the legislative and judicial activities of economic law. After the end of World War II, economic law appeared in many countries in the world, and the concept of economic law became the most controversial issue in the field of economic law.
The Labor Contract Law of People's Republic of China (PRC) came into effect on June 5438+1 October1. The Labor Contract Law is divided into 8 chapters and 98 articles, including: general provisions, conclusion of labor contracts, performance and alteration of labor contracts, dissolution and termination of labor contracts, special provisions, supervision and inspection, legal responsibilities and supplementary provisions. Labor contract law is an important law to adjust labor relations, which belongs to social law in the socialist legal system with Chinese characteristics.
1950 The Marriage Law of the People's Republic of China promulgated in May is the first law promulgated in New China. The full text is divided into eight chapters, including principles, marriage, rights and obligations of husband and wife, relationship between parents and children, divorce, upbringing and education of children after divorce, property and life after divorce and supplementary provisions, with a total of 27 articles. The content mainly focuses on the adjustment of marriage relations, and also involves various important issues in family relations. 1980 September 10, the Third Session of the Fifth National People's Congress passed the new Marriage Law of the People's Republic of China; Since June 5438+098 1 1, the original marriage law has been abolished since the implementation of the new law. On 2011August 12, the Supreme People's Court released the latest judicial interpretation of the marriage law.